Rule2024-09353
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 2, 2024
Effective
June 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a report of cracks found on the trunnion arms of the inboard flap assemblies. This AD requires repetitive inspections for cracking of the trunnion arms of the inboard flap assembly, and applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
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[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35698-35701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09353]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1883; Project Identifier MCAI-2023-00804-T;
Amendment 39-22734; AD 2024-08-01]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a
report of cracks found on the trunnion arms of the inboard flap
assemblies. This AD requires repetitive inspections for cracking of the
trunnion arms of the inboard flap assembly, and applicable corrective
actions, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. This AD also prohibits the
installation of affected parts. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective June 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 6,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1883; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this
[[Page 35699]]
material at the FAA, call 206-231-3195. It is also available in the AD
docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1883.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email <a href="/cdn-cgi/l/email-protection#774e5a1601045a190e1614185a1418043711161659101801"><span class="__cf_email__" data-cfemail="340d19554247195a4d55575b19575b47745255551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 airplanes. The NPRM published in the Federal Register on
September 22, 2023 (88 FR 65328). The NPRM was prompted by AD 2023-
0132, dated July 3, 2023 (EASA AD 2023-0132) (also referred to as the
MCAI), issued by EASA, which is the Technical Agent for the Member
States of the European Union. The MCAI states that cracks were found on
the trunnion arms of the inboard flap assemblies that were made of
forging aluminum 7037.
In the NPRM, the FAA proposed to require repetitive inspections for
cracking of the trunnion arms of the inboard flap assembly, and
applicable corrective actions, as specified in EASA AD 2023-0132. The
NPRM also proposed to prohibit the installation of affected parts. The
FAA is issuing this AD to address potential cracks of the trunnion
arms. The unsafe condition, if not detected and corrected, could
adversely affect the structural integrity of the trunnion arms.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1883.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Delta Airlines. The following
presents the comment received on the NPRM and the FAA's response.
Request To Clarify Requirements
Delta Air Lines (Delta) requested that the proposed AD be revised
to add a clear statement addressing the relation between the
instructions in the service information specified in EASA AD 2023-0132
and paragraph (i)(2) of the proposed AD for any deviations to the
instructions, including those that are Required for Compliance (RC).
Delta pointed out that a note in Paragraph 3., Accomplishment
Instructions, of Airbus Service Bulletin A350-57-P077, dated January
31, 2023, states to contact Airbus for any deviations to the
instructions, including those that are RC. Delta added that paragraph
(i)(2) of the proposed AD states that for any requirement in the AD to
obtain instructions from a manufacturer, the instructions must be done
using a method approved by the FAA, EASA, or Airbus' EASA Design
Organization Approval (DOA). Delta provided several examples of cases
where it has obtained approval from the manufacturer in accordance with
the requirement defined in the proposed AD--a method that is DOA
approved--and wondered if those types of deviations from instructions
found in RC steps that are obtained from the manufacturer may be
implemented without further FAA approval. Based on the language in the
service information and paragraph (i)(2) of the proposed AD, Delta
explained that it interprets this to mean that approval for any
deviations from the service information--including RC steps--with a DOA
approval may be used without further FAA approval.
The FAA disagrees with revising the regulatory text of this AD.
However, the following explanation is provided for clarification of the
RC process. Any deviation to any and all RC actions identified in
required service information as ``in accordance with'' a specific
method requires approval of an FAA alternative method of compliance
(AMOC). The ``contact the manufacturer'' language in paragraph (i)(2)
of this AD applies to RC actions within the service information that
specify, for example, to ``contact the manufacturer [e.g., Airbus] for
repair instructions and do the repair.''
If the accomplishment step in the service information is labeled RC
and has substeps or tasks with no paragraph designation under the
labeled RC step, then all of the substeps or tasks must also be
completed. In addition, if an accomplishment step in the service
information is marked RC and states to do the work ``in accordance
with'' a figure, drawing, or illustration, then all of the information
in the figure, drawing, or illustration is mandatory. If a step is
marked RC and a procedure or document must be followed to accomplish a
task in a service bulletin, the appropriate terminology to cite the
procedure or document is ``in accordance with.'' However, if a step is
marked RC and a procedure or document may be followed to accomplish an
action (e.g., the design approval holder's procedure or document may be
used, but an FAA-accepted procedure could also be used), the
appropriate terminology to use to cite the procedure or document is
``refer to . . . as an accepted procedure.''
Additional Changes Made to This AD
Since the FAA issued the NPRM, EASA revised EASA AD 2023-0132 and
issued EASA AD 2023-0132R1, dated March 20, 2024, which adds an
optional terminating action for the repetitive inspections.
The FAA has revised paragraph (g) of this AD to also refer to EASA
AD 2023-0132R1, dated March 20, 2024, as an appropriate source of
service information for accomplishing the required actions.
The FAA has revised paragraph (c) of this AD to refer to EASA AD
2023-0132R1, dated March 20, 2024, for the affected airplanes, which
are the same between EASA AD revisions.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
and any other changes described previously, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0132 specifies procedures for repetitive ultrasonic
inspections for cracking of the trunnion arms of the inboard flap
assemblies, and corrective actions, as applicable. Corrective actions
include obtaining and following repair instructions if any cracking is
found. EASA AD 2023-0132 also prohibits the installation of affected
parts.
EASA AD 2023-0132R1, dated March 20, 2024, specifies the same
procedures as EASA AD 2023-0132 and provides on optional terminating
action for the repetitive inspections, which consists of replacing the
left-hand and right-hand inboard flap, as applicable, with a modified
inboard flap.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 4 airplanes of U.S.
registry. The
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FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 17 work-hours x $85 per hour = $10 Up to $1,455.............. Up to $5,820.
$1,445.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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Up to 122 work-hours x $85 per Up to $31,930..... Up to $42,300.
hour = $10,370.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-08-01 Airbus SAS: Amendment 39-22734; Docket No. FAA-2023-1883;
Project Identifier MCAI-2023-00804-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 6, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0132R1, dated March 20, 2024
(EASA AD 2023-0132R1).
(d) Subject
Air Transport Association (ATA) of America Code: 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of cracks found on the trunnion
arms of the inboard flap assemblies. The FAA is issuing this AD to
address potential cracks of the trunnion arms. The unsafe condition,
if not addressed, could adversely affect the structural integrity of
the trunnion arms.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0132, dated July 3, 2023 (EASA AD
2023-0132) or EASA AD 2023-0132R1.
(h) Exceptions to EASA AD 2023-0132 and EASA AD 2023-0132R1
(1) Where EASA AD 2023-0132 refers to its effective date, or
EASA AD 2023-0132R1 refers to July 17, 2023 (the effective date of
EASA AD 2023-0132), this AD requires using the effective date of
this AD.
(2) Where paragraph (2) of EASA AD 2023-0132 and EASA AD 2023-
0132R1 specifies if ``any crack is detected, before next flight,
contact Airbus for approved instructions and, within the compliance
time(s) specified in those instructions, accomplish those
instructions accordingly,'' this AD requires replacing that text
with ``if any cracking is detected, the cracking must be repaired
before further flight using a method approved by the Manager,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0132 and EASA AD 2023-0132R1.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send
[[Page 35701]]
it to the attention of the person identified in paragraph (j) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c8f1e5899e9be589819ae5fffbf8e58985878b88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="d1e8fc908782fc909883fce6e2e1fc909c9e9291b7b0b0ffb6bea7">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#a29b8fc3d4d18fccdbc3c1cd8fc1cdd1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="30091d5146431d5e4951535f1d535f43705651511e575f46">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0132,
dated July 3, 2023.
(ii) EASA AD 2023-0132R1, dated March 20, 2024.
Note 1 to paragraph (k)(2)(ii): EASA AD 2023-0132R1 can be
accessed in the zipped file at the bottom of the web page for EASA
AD 2023-0132. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.
(3) For EASA AD 2023-0132 and EASA AD 2023-0132R1, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#f2b3b681b297938193dc9787809d8293dc9787"><span class="__cf_email__" data-cfemail="f5b4b186b590948694db9080879a8594db9080">[email protected]</span></a>; website easa.europa.eu. You may
find this EASA AD on the EASA website ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#b7d1c599ded9c4c7d2d4c3ded8d9f7d9d6c5d699d0d8c1"><span class="__cf_email__" data-cfemail="274155094e4954574244534e4849674946554609404851">[email protected]</span></a>.
Issued on April 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09353 Filed 5-1-24; 8:45 am]
BILLING CODE 4910-13-P
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